
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Notices]
[Page 51395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20508]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0152]


Petition To Amend Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a letter dated 
July 23, 2014, the National Railroad Passenger Corporation (Amtrak) has 
petitioned the Federal Railroad Administration (FRA) for an extension 
of a previously approved waiver granted in Docket Number FRA-2010-0152 
on May 11, 2010, that provided relief from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR Part 240, 
Qualification and Certification of Locomotive Engineers for a period of 
5 years. The relief was granted to Amtrak contingent on participation 
in the Confidential Close Call Reporting System (C3RS) pilot project.
    On January 24, 2013, Amtrak modified the C3RS Implementing 
Memorandum of Understanding (IMOU) provisions to extend boundaries for 
relief and include additional protection for tenant operations within 
the limits of Amtrak's Sunnyside Yard. FRA granted relief for the 
changes on May 8, 2013.
    The July 23, 2014, petition states that the current IMOU, dated May 
11, 2010, and subsequent amendments that govern the pilot program will 
be replaced with a new IMOU. Amtrak, employees represented by the 
Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Sheet 
Metal, Air, Rail and Transportation Workers Transportation Division 
(SMART-TD), and FRA intend to sign the new IMOU that will be effective 
on December 1, 2014, replacing the original IMOU as current relief 
expires.
    The new IMOU is based on a revised template provided by FRA and 
will provide provisions similar to the current IMOU plus Article 3.2 
that will extend protections to tenant locomotive engineers and 
conductors in tenant/host operations.
    Amtrak, BLET, and SMART-TD seek to shield the reporting employees 
and the railroad from punitive sanctions that would otherwise arise as 
provided in 49 CFR 240.307, Revocation of certification, to encourage 
locomotive engineer reporting of close calls and to protect locomotive 
engineers and Amtrak from discipline or sanctions arising from the 
incidents reported pursuant to the new IMOU.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received within October 14, 2014 of the date of this 
notice will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

    Issued in Washington, DC, on August 20, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-20508 Filed 8-27-14; 8:45 am]
BILLING CODE 4910-06-P


